Hit from behind, not my fault. Uninsured Driver - What do I do? - HELP plz!

MoneyWastingMe

Thanks tonys.
Will be getting back to both my insurance company and broker. Im not happy how this is all working out and am considering insurance/financial ombusdman regarding my insurance company/broker.

Once I reported the crash they assigned carcrashline to issue the hire car. They refused as they coudnt find a responsible third party.

They arranged legal cover who decided they would like to put via the MIB because they cant find insurance. btw, we contribute to the MIB. legal said their fees usualy cost between 7,000 to 8,000 and i should expect around 1,000 if im lucky.
Im not trying to clean the insurance/person out, but my legal cover is, and im getting near to nothing for my injuries. so they can forget it.

The insurance company. CIS. Attempted to collect my car from their cowboy repairer, I told the repairer he's waisting the time and if he takes the car its stolen from me.

I arranged a quote from Audi and i faxed it to CIS. funny...no response.

Im not at all happy, I have paid my fully comprehensive insurance, yet I get no hire car, legal cover that are greedy and an insurance company that are doing deals with their approved repairers.

I think the next step is for me to personally arrange court summons aganist the owner and driver, forget rip off legal cover, contact insurance company/broker and inform them that i am disgusted.

Then I dont think this will be taken seriously I will contact financial / insurance ombudsman.

Any ideas? Tips? Am i over reacting?



I've been avoiding them as I believe they are ambulance chasers but how about using accident management such as:

Kindertons: http://www.kindertons.com
Accident Exchange: http://www.accidentexchange.com/

tonys_3

I think a letter giving 14 days notice of intended prosecution if they fail to supply their ins. co might be enough to get things moving. That's probably when they will call their company for help.Part of the reason one has insurance is to have that part removed.

Bit early for accident management perhaps especially as you already have two companies working [?] on your behalf. However if their original advice is free, might be an idea to make initial contact to see what they think the chances are of a successful outcome. Are they on a no win no fee deal?
Then, stall for a while to see how your present companies are doing.

Sparky67

I take it you have legal help on your motor policy that is dealing with this? You might also have legal expenses insurance on your house contents policy that may take this up if you can't get anywhere else. Also, some solicitors will help and not take anything from your damages (we're not all ambulance chasers!), if you're really getting nowhere.

As you know the name of the driver, his address and vehicle details, you can write to him directly. Section 154 of the Road Traffic Act 1988 requires that a person against whom a motor insurance claim is made must on demand provide particulars of their insurance cover to the claimant (ie you don't need to rely on him producing it to the Police and then details being passed to you - you can ask directly). It is a criminal offence not to do so. Whether the Police will take action against him is a different matter though....

Some solicitors won't deal with a claim like this unless you are more severly injured, because court rules don't allow you to recover your legal costs from the other party unless you recover more than £1000 for your physical injuries (thereby leaving you out of pocket) but if you have legal expenses cover they may still cover you because they work slightly differently.

The MIB database will have details of all vehicles insured on any particular date, so your insurers will have details of the usual car insurance (but I take the point about it not nec insuring that particular driver at that particular time). However, that insurance "touches" the car, so they really should deal with your claim, even if they say that the person driving the car was not insured by them. They prima facie insure the vehicle, and they can then sort with their insured if they are covered, or the actual driver's insurance policy provider.

MoneyWastingMe

Thinking to tell my legal cover to drop it...ill arrange my own legal cover. 8k for fees, theyre jokers. think theyre a little to greedy, also am going to chase up my insurance company....any ideas?
this is getting no where, other persons car still there. - ill have it thanks! i dont know whats going to happen but i think its not going to work out, and as a result as always every accident like this causes all of our premiums to rise...sucks!!

alarmfan

Sorry to hear about your troubles. I've had problems like this in the past. In the end, you might just have to put it down to experience. At least, you weren't injured. The other driver will get their cummupance one day.

Lewis

alarmfan

Sorry, I meant to say 'at least you weren't seriously injured'..

Regards, Lewis

MoneyWastingMe

not badly injured. but i guess that will be it lets see what will happen, im losing faith, its a joke, the car has gone from where it had been parked there. so either police removed it DOUBT IT or him/her got another key and are driving it again, without insurance and still crashing around im mega pis*ed about this. no justice. :mad: :mad: Beyond a joke.

golddustmedia

Sorry to hear of your bad luck.

If I were in your shoes I would treat the 2 parts separately;
your car repair
your injuries.

Your doctor recommended a week off work, so realistically your injuries claim should exceed £1k. Sounds bad but the simple solution is those annoying accident idiots that advertise everywhere.

As for your car, surely your insurers should undertake getting the repairs done pending them retrieving costs from other insurers. Worst case they have to use your insurance but hey that's what its for.

Hopefully you gathered some evidence of your own? like photos of the offending car since it was parked locally?
Basically having driver, car and police reports you have all the proof that someone was at fault and can file a court claim yourself.
An official letter should get some activity and help ascertain if dealing with insured person or not. If you are you'll likely be offered settlement. If not take em to court and get em back. Don't suppose they own the house?

Failing that, have you tried knocking on their door to talk about it?

ditzymuppet

I'm so sorry to hear that you've been in an accident.. Never nice... Sorry to hear that you got a bump to the head and whiplash... Keep smiling you.... Good luck x

MoneyWastingMe

Cheers all for your comments and post, all been a little slow, am currently driving a car from Audi whilst mine is in repair and now in dispute with Audi's Approved body shop over the standard of repair. O Great just what i expected.

Later found out that this bodyshop is going to be withdrawn from Audi's approved status, but I think that Audi are still liable for everything to get done properly as they are the people who took the car there as the main dealer does not have a body shop.

All a big mess, nothing at all about the injuries or medical claim and I have not been able to get a solid answer regarding the other party and their insurance. :rolleyes:

Oh what a nightmare! :eek: